Untitled Texas Attorney General Opinion

WC-t 13, 1949 Hon. Y. E. Oates Opinion No. V-882 County Attornoj yalker county Re: Compensationof the ~Buntsvllle.Texas ahsriff of Udkor Qounty. Dear sir: Your requeet for an opinion is, in p8rt, 8rn followa: "1. If the Court ahould allow the twenty- flV8 per cent incroa8e a8 provided for in S.B. Ro. 92, would it in any way 8ffoct or repeal the twenty-fiveper'oeat, already allowed under S.B. Ho. 123, above.referI'ed You will notion that under S,B. Bo &n Seotion en: It.#rovide8 thit the ix+ orease would be twenty-fiveper cent of the au111allowed imdsr the law for the fiscal year of 1948; and, therefore,the Court de- eiri8 to ~knowwhether or not Secti@ one of , S.B. Ro. 92 repeal8 S.B. 130.123, and whethor the officers would be entitled to both ia- crearer? “2. Is your an8wer to question one rppllca- ble,.*oSection t-0 of S.B. No. 92, with re- ference to deputies, asslrt~ntsand olerke? * 93.'Section threii0f'S.B.~Ho. 92 provide8 that those paid on salary basis, shall be paid on twelve equal installments of not less than the total emount Wider the law of the flsctilyear of 1935, and not more tha the leaXim= 8= allowed the OffiC8rr under the laW existill& On Aujglst24, 1948, tog&her 81th twenty-five per cent if the Court feels authorizedto allow the twenty- fiv8 per oent. You will notice that this iricreasemay be allowed to officers who were on a fee baaia laet year. I notice , that the total alilountallowed in.1935 la 'specifiedin Art. 3883 which provides the , <-. . Hon. MO EL ~Oate8,page 2 (V-882) base pay for the County officers it (2&00.- 00 per fpy-, and Art. 3891 provides 5n 8ub- 8tAllCe that On84hird Of the bXC888 fees may be added to the #2;2icoO,OO, Therefore ;E;x;eriff at that time was&lQwed~ #3,~-. However under S.B. HO. l23,,the Con&;ioner~e Court had authority to in- crease the offloerr ralary (aherlff) .tw8n- tj-five per cent. Th8refore in 194.8the sheriff was entitled to the maximum fee of $J750.00, and his fees for 194.8 aount- ed to a little more than #3750.00. 5.8. Bo, 123 Is an emendment to Art. 3891. .Art- ,: 1~108 3883 and 3891 provide the mailmum fees for offioers end were lnaoted:ln 1933 b7 the &.h Legislature. Thor&ore I think that the rlnlmum salary to.be paid t&,8her- ifi 18 not lb88 thaa #375&o@ and if th8. Conaalrsioner~rCourt desired, thq are a&h- orleed to Increasethat raount 25$ or the 8~8 allowed under the law of th8 flro& 1948 which would make a total of The COUrt d88ire8 an an8wer a8 ' t0 theriniruaaZidIX~f888thatm8fbe allowed the rheriff; a8 he will bo paid l 8a1al7 and not Seer. ‘4. A8 f COMtIW8'.ih.l&W thb 8heriff &ould par the Se88 that he has earned and collectedto the County lhasurer who till place the a8me in what may be specified Officer~8 Salti Fund,.' Should the rher-, iff'e fdi8 not be 8uffi6ientto pay hi8 calarg monthly a8 it beoaor &Ie~,Out of what fund wonld the ofiloera bo luth6ritad to make tha defldlentp8yment to complete %;TFonthly an+ annual 8alary of the Thor- the 1940 *l%% ~%~~ ?I,' @%%t%~~?i~~ county officers In 1948 were &mpensated on a fee baals. Themfore, the caapensatlonof the sheriff In 1948was governed by the provisions of Articles 3883 and 3891, V.C.S.) a8 amended by S.B. 123, Act6 of ti. 49thLegis- lature. Under the above mentioned provi8lons the-iax- m sompen8atlonof the sheriff of Ualker Countf tie $3750 (~3ooO~.plam4750 incream allowed under Y.B. 1231, _ .. n Hon. Y. E. GAte8, page 3 (V-882) Section 61 of Artlole XVI of t&e Conrrtltutlonof Texas aa amended provide8 that It shall be mandatory upon the Commissloners~Courts of~this State to oompenrate the sh@riff, deputy mheriffe, constables,deputy conatable8, county law enforcementofficer8 and prrcinot law enforce- ment offlcera on a 8alary b&818 beginning January 1,19499. Attorney General Opinion PO. V-748, According to the Snots prerated, the Conmiisrioners1 Court of Walkor Coun- ty hae placed the county officer8 (other than the County Connai88ionsrsand ahoriff) ona fee b&818. Section 1 of SOB. 92, Act8 of the Sl8t Legilk lature, provlde8: aSeotlon 1, The CO-i88 iOMr8 COW% in each county of this State I8 hereby au- thorized, when in their judgment the flnau- cial condition of the county lud tbo needs of the officer jurtify the inoreaae, to en- trr an order lncrearingthe compensationof the precinct, county 8nd district officera, or either of thorn,in au additionalamount not to exceed twenty-five (25%) per cent of the sum allowed under the law-for the fia- cal year of 1948, whether paid on fee or salary basis; provided, however the m-bore of the Coami88ionersCourt may not raise the aalarles-ofany of such Commireioners Court under the torm8 of thim Act without ralring the s~alaryof the remaining ooun- ty offlclal8 ln Uke proportion.w. In construing the above quoted provlslons it was held in Attorney General Opinion Ho. V-864 that the Commiralonera~Court was luthorisod to Increase the com- peneation of Its oounty offloials in an additional amount not to exceed twenty five per cent of the amount allowed underthe law (in the instant came, Articles 3883 gld 3891, V.C.S. as amended) for the fiscal year 1948. In view of the foregoing, you are advised that the Comais- (donors' Court of Walker County may allow an increase In the compensation of the shePlff in an additionalamount not to lxoeed $937.50 (25% of $3750). In other word8, the increase &lowed under S.B, 92 ,I8an additional ln- crease over aud above the increalre alloved in 1945 by S.B. I23 of the 49th Leglelature. Section 2 of 20. 92 provldee: .’ ‘. Hon. Y. E. Gate8, Page 4 (V-882) *The Comi8sloner8 Court In eaeh eoua- ty of-this State is hereby authorized,when in their judgmentthe flnanolal condition of the county and the needs of the deputies, a+ sietantrrand clerk8 of any district, oounty or precinct officer justify the Inerea8e, to enter an order increasingthe compansatlonof any such deputy, 488frtant or clerk in 8n ad- . dltlonal amount not to exceed thirty-flvo (35$z> per oept of the sum allowed under the law for.., the flical year of 1949." Since Section 2 ooniaina 8ub#taI¶tiAllythe 8ame language as Section 1, the a8m rule of law la applica- ble to deput$ea, assistant8 and clerk8 a8 well as count7 md preoinct offloors, Section 3 of S,B, 92 provides: *All of 8wch offiaera who were paid on a fea.brsis duriiagthe ffacal year of 1948, and~who are now to be paid on a salary ba- ala, ehall be paid an annual salary In twelve (12) equal installment8of not le88 th8n the total sum earned a8 oompensatiion by hU in his official aapaolty for the fiscal fhr of 1935, and not more than the maxfmrm 8m allowed ruch officer under the lawo exi8t- lng on Au&prt 1948, togethor with the twenty-five (25% j par oent Increase allow- ed by this Aot within the discretion of tha ConmieslonerrCourt.' Since the sheriff of Walker County in 1948 w&8 oompen8atedon a fee basis atidin 1949 has been compon- 8ated otia salary basis (SOCK 61 of Art. XVI, Const, of Texan) the maximum and rlnimum ralary of the sheriff i8 rixod,by the provisions of Section 3 of S.B. 92, You are theriforsadvired that the rherlff of Walker Coun- ty is entitled to a 8alary of not lenr than the total 8um earned as conpensatlon hia in hie official capa- "4 * You are further advlaed city for the fiscal year 193 that the maximum compmmtlon Allowed under the law is &,687.50 03750 POW $937050). Since the Commiaaioners~ Court of Walker Coun- ty has placed its county 8nd precinct officer8 (0-r than county commlasioners,sheriff and constables) on a "fee* bA8j.8,Walker County ie not governed by Section8 .. Eon. Y. E. Gate8, page 5 (V-882) and 5 of Article 39126aud therefore does not have an ftOfflcers~ Salary Fund." Seotion 61 of Article IV1 of the Constitutionof Texal require8 the sheriff to pay into the County Trearury 8ll fees earned by him. Since Walker County ha8 no "Offioersf Salary Fund," the sal- ary of the 8herlff rhould be paid out of the-general fund. SUMMARY Senate Bill 92, Acts of the Slat Leg- lslature, flxee the minimum 8alary for-the eheriff of Walker Coupty at not leas than the total sum earned a8 compensationby hL In hi8 official capacity for the fiscal year 1935,and fixee his maximum salary at not more than the maximum sum allowed him under $;s~;;;~g=&qyt 24, 1948P~"P 25Ff. The Increase allowed the county and precinct offlcor8under the provisions of Senate Bill 92, Acts of the slat Leglsla- ture, is aa additional Increase over and above the Increase allowed In 1945by the rovisiona of Senate Bill 123, lots of the 9th Legislature. fi Section 61 of Article XVI of the con- stitution of Texas requiresthe sheriff to pay into the County Treasury all fees earn- ed by him, aud alnce Walker County has no "Offlcora'Salary Fund," ths salary of th8 sheriff should be paid out of the general fund of the county. Your8 very truly, ATTORWEYGXERALOFTD3S .